Opinion
June 24, 1996
Appeal from the Family Court, Suffolk County (Trainor, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The order which directed a hearing to aid the court in its determination of the visitation issue is not a dispositional order and is not appealable as of right ( see, Family Ct Act § 1112; Matter of Perri v. Mariarossi, 172 A.D.2d 671; Matter of Harley v. Harley, 129 A.D.2d 843; Matter of Schultz v. Schultz, 117 A.D.2d 737; see also, Dallin v. Dallin, 225 A.D.2d 729; Brevetti v. Brevetti, 182 A.D.2d 606). No application for leave to appeal has been made, and in light of the fact that a hearing has been ordered at which the parties may present evidence regarding what visitation schedule would best benefit the child, we decline to exercise our discretionary power to deem the notice of appeal to be an application for leave to appeal ( see, Matter of Zimmer v. Peno, 194 A.D.2d 928; Matter of Schultz v. Schultz, supra). Sullivan, J.P., Joy, Krausman and McGinity, JJ., concur.